Vice President Mike Pence speaks Saturday at the Trane Parts and Distribution Center in Louisville, Ky. Pence said that the so-called Obamacare law had failed the nation and the Trump administration would need the backing of rank-and-file Republicans to pass their health care overhaul.(Photo: AP)
After the administration of former Gov. Mike Pence, who is now vice president, fought the release of a political white paper for two years, the contents of the document were released by officials from another state.
The six-page document discusses legal precedents that could be used to challenge former President Barack Obama's 2014 decision to defer enforcement of certain immigration laws.
"The focus of theproposed litigation is not immigration," said the document, written by Texas Gov. Greg Abbott, who was then attorney general. "Rather, it is the scope of executive authority."
The letter was an appeal to governors of other states to join inState of Texas, et al v. United States, a lawsuit filed after Obama announced he was taking new steps to "fix Americas broken immigration system."
Many Republicans objected to the administration's decision to deferenforcement of immigration laws for parents of children born in the United States, and for children who entered the United States before they were 16 years old.
Pence, whocalled the policy a "profound mistake,"hired Indianapolis law firm Barnes & Thornburg to join the lawsuit, with the blessing of then Indiana Attorney General Greg Zoeller.
In December 2014, Indianapolis labor attorney William Grothrequested information regarding Pence's decision to hire outside counseland the cost to Indiana taxpayers. The Pence administration produced the documents in the request but those documents included substantial redaction, according to court documents.
The 57-page response also included an email that Daniel Hodge, Abbott's chief of staff, sent to 30 recipients in various states asking them to join the lawsuit against Obama. That message included the attached white paper,which Pence refused to produce.
Wednesday, the white paper obtained from another state wasreleasedby a website called Rewire, dedicated to women's reproductive rights. Just hours later, attorneys representing the governor's office sent Groth's attorney, Greg Bowes, a copy of the white paper and filed a motion "Regarding Change in Circumstances," in an attempt to moot the case.
"Because the document is now in the public domain for the first time, it is now subject to disclosure under APRA," wrote attorney Joseph Chapelle to Bowes. Chapelle originally represented Pence, but under rules of civil procedure now works on behalf of current Indiana governor Eric Holcomb.
The white paper focuses on how"the unchecked expansion of executive authority wielded by President Obama threatens the constitutional balance of power."
Ironically, the Groth v. Pence case also touches on a question of executive authority.After Groth filed suit in Marion CountySuperior Court, a judgeruled in favor of Pence, saying the redactions the administration made to thepublic record were "proper."
The ruling left open thepossibility that the executive branch could claim that its redactions were nonjusticiable, a legal term that means not for the court to decide. That finding was based on an earlier Supreme Court rulinginCitizens Action Coalition, et al. v. Indiana House Rep.about redactions made by the legislature.
Groth appealed thedecision in April. This January, the Indiana Court of Appeals ruled thatGrothdoes not have the right to view the political white paper, but disagreed withthe governor's contention thatit would violate the separation of powers doctrine for the judiciary tosecond guessthe redactions.
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That was an important finding to advocates of government transparency, who feared a Pence victory in the suit could set a broader precedent that would embolden future governors to refuse to disclose or heavily redact public documents with no court oversight.
Earlier this year, Grothpetitioned theIndiana Supreme Court to take up the case, then attempted to remand the case back to the trial court in light of anIndyStar investigationrevealing that Pence used a private email account to conduct government business and was hacked.
Bowessaid the revelation of the white paper may affect how the court proceeds, "but this does not moot our case," he said.
"The revelation just supports ourargument that we made to the Supreme Court that Texas was obviously seeking other states to join the lawsuit," Bowes said."We feel an obligation for the case to continue."
Call IndyStar reporter Fatima Hussein at (317) 444-6209. Follow her on Twitter:@fatimathefatima.
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Pence document shows Republican strategy for fighting Obama immigration plan - Indianapolis Star